The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based permit process is a multi-step procedure that allows foreign nationals to live and work permanently in the U.S. The procedure can be made complex and prolonged, but for those seeking irreversible residency in the U.S., it is an essential action to attaining that objective. In this post, we will go through the actions of the employment-based green card process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification procedure is typically the primary step in the employment-based green card procedure. The process is developed to ensure that there are no competent U.S. workers offered for the position and that the foreign worker will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The employer starts the PERM procedure by preparing the task description for the sponsored position. Once the job information are completed, a dominating wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the paid to similarly employed workers in a particular profession in the location of designated employment. The DOL issues a Prevailing Wage Determination (PWD) based upon the particular position, task duties, requirements for the position, the area of desired employment, travel requirements (if any), to name a few things. The dominating wage is the rate the company need to at least provide the permanent position at. It is also the rate that must be paid to the staff member once the permit is gotten. Current processing times for dominating wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM regulations require a sponsoring company to evaluate the U.S. labor market through numerous recruitment techniques for “able, willing, certified, and available” U.S. workers. Generally, the company has 2 options when deciding when to start the recruitment procedure. The employer can start marketing (1) while the dominating wage application is pending or (2) after the PWD is released.

All PERM applications, whether for a professional or non-professional profession, need the following recruitment efforts:

– thirty days job order with the State Workforce Agency serving the location of intended employment;
– Two Sunday print ads in a newspaper of basic circulation in the area of desired work, the majority of appropriate to the occupation and more than likely to bring reactions from able, ready, certified, and available U.S. workers; and
– Notice of Filing to be published at the job site for a period of 10 successive service days.

In addition to the compulsory recruitment mentioned above, the DOL needs 3 extra recruitment efforts to be published. The employer needs to select 3 of the following:

– Job Fairs
– Employer’s company website
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private work firms
– Employee referral program
– Campus placement workplace
– Local or ethnic newspaper; and
– Radio or TV advertisement

During the recruitment procedure, the company may be examining resumes and performing interviews of U.S. employees. The company needs to keep comprehensive records of their recruitment efforts, employment including the number of U.S. employees who looked for the position, the number who were talked to, and the reasons that they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the employer can send the PERM application if no certified U.S. employees were found. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is filed establishes the recipient’s priority date and figures out his/her place in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

An employer is not required to send supporting paperwork when a PERM application is filed. Therefore, the DOL carries out a quality assurance process in the form of audits to guarantee compliance with all PERM policies. In the occasion of an audit, the DOL generally needs:

– Evidence of all recruitment efforts carried out (copies of advertisements placed and Notice of Filing);.
– Copies of applicants’ resumes and employment finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions undertaken and the outcomes attained, the number of hires, and, if applicable, the number of U.S. applicants turned down, summarized by the specific lawful job-related reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are added to the total processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is authorized, the employer will get it from the DOL. The authorized PERM/Labor Certification validates that there are no qualified U.S. employees offered for the position which the beneficiary will not adversely affect the incomes and working conditions of U.S. employees.

Step 2: I-140 Immigrant Petition

Once the PERM application has been authorized, the next action is to submit an I-140 immigrant petition with U.S. Citizenship and employment Immigration Services (USCIS). The petition should include the authorized PERM application and evidence of the recipient’s certifications for the sponsored position. Please note, employment depending upon the choice classification and nation of birth, a beneficiary might be eligible to submit the I-140 immigrant petition and the I-485 modification of status application simultaneously if his/her concern date is existing.

At the I-140 petition phase, the company needs to also show its ability to pay the recipient the proffered wage from the time the PERM application is submitted to the time the permit is provided. There are 3 methods to show ability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the business’s net earnings is equal to or higher than the proffered wage (yearly report, income tax return, or audited financial statement); OR.
3. Evidence that the business’s net assets are equivalent to or higher than the proffered wage (annual report, income tax return, or audited monetary declaration).

In addition, it is at this stage that the employer will select the employment-based choice category for the sponsored position. The category depends on the minimum requirements for the position that was noted on the PERM application and employment the employee’s credentials.

There are numerous classifications of employment-based green cards, and each has its own set of requirements. (Please note, some categories might not need an approved PERM application or I-140 petition.) The categories include:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, employment USCIS will evaluate it and might request additional information or paperwork by providing a Demand for Evidence (RFE).

Step 3: Permit Application

Once the I-140 immigrant petition is authorized, employment the recipient will check the Visa Bulletin to figure out if there is an available permit. The actual green card application can only be filed if the recipient’s concern date is current, suggesting a permit is immediately available to the beneficiary.

On a monthly basis, the Department of State publishes the Visa Bulletin, which sums up the schedule of immigrant visa (permit) numbers and shows when a green card has ended up being offered to an applicant based on their preference classification, country of birth, and priority date. The date the PERM application is filed establishes the recipient’s priority date. In the employment-based immigration system, Congress set a limit on the variety of green cards that can be provided each year. That limitation is presently 140,000. This suggests that in any given year, the optimum variety of green cards that can be issued to employment-based candidates and their dependents is 140,000.

Once the beneficiary’s top priority date is present, he/she will either go through change of status or consular processing to get the permit.

Adjustment of Status

Adjustment of status involves looking for the permit while in the U.S. After a modification of status application is submitted (Form I-485), the recipient is alerted to appear at an Application Support Center for biometrics collection, which generally includes having his/her picture and signature taken and being fingerprinted. This details will be utilized to perform necessary security checks and for ultimate production of a green card, work permission (work authorization) or advance parole document. The beneficiary may be alerted of the date, time, and area for an interview at a USCIS office to address concerns under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS authorities will examine the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview is successful and USCIS approves the application, the beneficiary will receive the green card.

Consular Processing

Consular processing includes applying for the permit at a U.S. consulate in the recipient’s home nation. The consular office establishes a visit for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is used by USCIS to process the Visa Packet and produce the permit. The beneficiary will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will inspect and determine whether to confess the recipient into the U.S. If confessed, the recipient will receive the green card in the mail. The permit functions as evidence of long-term residency in the U.S.